What is a Qualified Income Trust (QIT)?| Elder Options of Texas (2024)

Texas Medicaid Nursing Home Coverage

What is a Qualified Income Trust (QIT)?| Elder Options of Texas (1)

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A Qualifying Income Trust (QIT) also referred to as Miller Trust, is a trust that allows the beneficiary to control the amount of income that is used to determine Medicaid eligibility. A qualified income trust in Texashelps people qualify for Medicaid but it doesn't shelter income. Money deposited into trust bank account typically flows out of the trust to pay the nursing home. It's designed to cover part of the care costs. The balance of the nursing home payment comes from Medicaid.

Why Qualified Income Trusts are Needed...

It's used to process the Medicaid applicant's income so that it fits Medicaid's income rules. The trust must follow special rules for managing the monthly income of the person seeking Medicaid's help.

The trust in turn, "flows" all of its income received from the operating entity out to unitholders. The distributions paid or payable to unitholders reduces a trust's taxable income, so the net result is that a trust would also pay little to no income tax.

Qualified Income Trust Allowable Expenses

Examples include premiums for Medicare Part B, Prescription Drug plans, group retirement health insurance and dental coverage. Payment of medical expenses not otherwise covered by Medicare and Medicaid is also allowed from through the trust.

The Medicaid agency figures out how much of the long term care costs an individual must pay. They add up the amount of income received each month. From that they allow payments for health insurance premiums. Examples include premiums for Medicare Part B, Prescription Drug plans, group retirement health insurance and dental coverage.

Payment of medical expenses not otherwise covered by Medicare and Medicaid is also allowed from through the trust. The trustee (the person managing the trust) cannot use trust funds for any other purpose than what Medicaid allows. Your dad also gets to keep a $60 out of the $2,400 for his personal needs.

If an applicant has a spouse, the trust can may be able to distribute part of the income to the spouse. This allotment is called the Minimum Monthly Maintenance Needs Allowance. The size of this monthly allowance is determined by the Spousal Income Protection rules. For 2018, the largest allocation in Texas is $3,090 per month.

What is a Qualified Income Trust (QIT)?| Elder Options of Texas (2)Find a Texas Law Attorney

Payback Provision

The trust will typically distribute all deposited funds each month to cover the items detailed above. There is little chance any money will grow in the trust. It is rare for a Medicaid recipient to die with a balance left in the qualified income trust account. If it happens, the state can recover what it spent on the applicant's care. After the state is repaid, the trustee can distribute the rest to beneficiaries named in the document.

Setting up and managing a Miller Trust is not a "do-it-yourself" project. The rules are too complicated.

Set up the wrong way, you face a real risk of losing thousands of dollars' worth of benefits. Bear in mind once you lose those benefits, they are lost to you forever. If you have income that's too high to qualify for Medicaid, a Qualifying Income Trust makes sense. But, it's critical you execute each step the right way.

Find an experienced Miller Trust attorney to guide you. A skilled attorney will prepare the specific instructions needed for the trust. You'll get advice on how the trust should be set up and how to fund it. It's the best way to avoid the pitfalls and get all the benefits out of qualified income trusts in Texas.

What is a Special Needs Trust?

A special needs trust is a trust tailored to a person with special needs that is designed to manage assets for that person's benefit while not compromising access to important government benefits. There are three main types of special needs trusts: the first-party trust, the third-party trust, and the pooled trust.

Related Articles:

  • Medicaid Guidelines When Moving Out of State
  • Medicaid for Texas Seniors and the Elderly
  • Texas Nursing Home Medicaid Eligibility- STAR PLUS Medicaid Waiver
  • Medicaid Spousal Impoverishment Act: Amount of Income Allowed
  • Medicaid Spend Down / Asset Protection / Look Back Period

Disclaimer:Elder Options of Texas is not rendering any legal or professional advice. If legal advice is necessary the reader should consult a competent attorney.

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What is a Qualified Income Trust (QIT)?| Elder Options of Texas (2024)

FAQs

What is a Qualified Income Trust (QIT)?| Elder Options of Texas? ›

A qualified income trust in Texas helps people qualify for Medicaid but it doesn't shelter income. Money deposited into trust bank account typically flows out of the trust to pay the nursing home. It's designed to cover part of the care costs. The balance of the nursing home payment comes from Medicaid.

What is a qualified income trust in Texas? ›

A QIT is an irrevocable trust established for the benefit of an individual and/or the individual's spouse, the corpus of which is composed only of the individual's income (including accumulated income).

How do I set up a qit in Texas? ›

How do I set up a Qualified Income Trust? A lawyer creates the trust documents, which are then signed and notarized by both the settlor (beneficiary) or the settlor's (beneficiary's) agent under a power of attorney, and the trustee.

What is the meaning of qit? ›

A Qualifying Income Trust (QIT) is also known as a Miller Trust. This type of trust allows someone whose income is over the standard to become eligible for Medicaid when Nursing Facility or Waiver Services are needed. To establish a QIT contact an attorney or Legal Aid.

How do I protect my assets from Medicaid in Texas? ›

Medicaid Asset Protection Trusts are irrevocable living trusts that allow you to preserve your assets and give ownership to a designated beneficiary. Because you no longer own this property, Medicaid recovery efforts won't be able to touch these funds should you need long-term care assistance.

Can social security benefits be deposited into a trust account? ›

Social Security must be paid directly to the beneficiary. It cannot be paid to a trust. If you are receiving Social Security by direct deposit, you should leave the account that receives the payments outside of your trust.

What is the purpose of an income trust? ›

Personal income trusts are often used in estate planning or managing family assets. A trustor may set up a trust, which is managed by a trustee, as a way to control distributions to the trust's beneficiaries. There may also be controls around how the trust is invested.

What is the role of QIT? ›

Members have more 'ownership' of the problem, and hence a greater commitment to finding a solution. Suggestion schemes also use staff ideas, but a QIT is empowered to work their own questions through to answers, and is responsible for implementing the solutions. QITs are set up primarily to solve problems.

How does a Miller trust work in Texas? ›

Qualified income trusts, also called Miller Trusts, are one tool to help the elderly in Texas qualify for Medicaid. Money from an individual or married couple's income diverts into the trust, where it later pays the nursing home.

Can you own a car on Texas Medicaid? ›

Up to $22,500, of the FMV for the highest valued countable vehicle is exempt. The excess over $22,500 FMV is counted toward the combined resource limit. Up to $8,700 FMV for all other countable vehicles is exempt.

Can you get Medicaid if you own a house in Texas? ›

In Texas, your home will not count against your Medicaid asset limit if it is your principal place of residence and if your equity interest in the home is under a certain value. Additionally, the exemption applies if a spouse, a child under 21, or a blind or disabled child resides in the home.

Does Texas Medicaid look at your bank account? ›

Texas Medicaid verifies income through various means, including pay stubs, tax returns, and bank statements. It may also use electronic data sources to confirm income information.

What are the requirements for a qualified trust? ›

To be qualified, a trust must be valid under state law and must have identifiable beneficiaries. In addition, the IRA trustee, custodian, or plan administrator must receive a copy of the trust instrument. If a qualified trust is not structured correctly, disbursem*nts are taxable by the IRS.

What is a qualifying trust in Texas? ›

A Medicaid-qualifying trust (MQT) is one that the person, his spouse, guardian or anyone holding his power of attorney establishes using the person's money. The person is the beneficiary of a Medicaid-qualifying trust.

Do trusts pay income tax in Texas? ›

Non-grantor Trusts

Texas and seven other states do not tax trusts on their income. All 42 other states have varying rules regarding when a non-grantor trust must file a tax return and pay taxes.

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